IN THE CASE OF:
BOARD DATE: 2 December 2013
DOCKET NUMBER: AR20130006656
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of the service number shown on his
DA Form 1811 (Physical and Mental Status on Release from Active Service). He also requests correction of the Social Security Number (SSN) shown on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Honorable Discharge Certificate.
2. The applicant states the SSN shown on his Honorable Discharge Certificate and DD Form 214 are wrong and the service number on his DA Form 1811 is not correct.
3. The applicant provides:
* DD Form 214, dated 15 November 1967
* Honorable Discharge Certificate, dated 30 November 1971
* DA Form 1811, dated 15 November 1967
* Social Security Card, dated 5 July 2012
* Oregon Identification Card, dated 17 May 2012
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the U.S. Army on 1 December 1965. At the time of his induction, he received the service number that is listed on his
DD Form 47 (Record of Induction) and this same service number is shown on every document in his Army Military Human Resource Record requiring its use except his DA Form 1811.
3. On 1 December 1965, the applicant completed a DD Form 398 (Statement of Personal History) using the SSN shown on the Social Security Card he submits as part of his evidence. On 11 November 1967, the applicant completed a
DA Form 41 (Record of Emergency Data) which shows his SSN as shown on his DD Form 398 and his Social Security Card. The same SSN is shown on his
DA Form 20 (Enlisted Qualification Record).
4. The applicant was released from active duty on 15 November 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 and his Honorable Discharge Certificate both show a different SSN than that shown on his DA Form 41, DD Form 398, and his Social Security Card.
5. On 17 November 1971, Letter Orders Number 11-1277514 were published discharging him from the USAR, effective 30 November 1971. These orders show the same SSN as shown on his Honorable Discharge Certificate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence does show that the documents to which he refers do show the incorrect SSN and the incorrect service number.
3. Although he does not make reference to Letter Orders Number 11-1277514, these orders also show the incorrect SSN.
4. In view of the foregoing, the applicant records should be corrected as recommended below.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Amending his DD Form 214 to show the same SSN listed on his Social Security Card.
b. Preparing an appropriate document to correct the SSN shown on his Honorable Discharge Certificate and Letter Orders Number 11-1277514.
c. Preparing an appropriate document to amend his DA Form 1811 to reflect the same service number as shown on his Record of Induction.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130006656
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130006656
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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